AL-FAB ALUMINUM FABRICATORS, INC. v. WAGNER

No. 63 C 590.

220 F.Supp. 715 (1963)

AL-FAB ALUMINUM FABRICATORS, INC., an Illinois corporation, Plaintiff, v. Arthur WAGNER, Lilyan Wagner and Malco, Inc., an Illinois corporation, Defendants.

United States District Court N. D. Illinois, E. D.

August 19, 1963.


Attorney(s) appearing for the Case

Timothy L. Tilton and Richard E. Alexander, Dawson, Tilton, Fallon, Lungmus & Alexander, Chicago, Ill., for plaintiff.

Maurice A. Riskind, Edgar Bernhard and Jay S. Riskind, D'Ancona, Pflaum, Wyatt & Riskind, Chicago, Ill., for defendants.


DECKER, District Judge.

This is a suit alleging in two counts violation of the Federal trademark laws and related unfair competition in that the defendant Malco is alleged to have manufactured and sold an aluminum storm window which it both copied from the plaintiff's aluminum storm window and which it advertised by means of photographs of the plaintiff's storm window without identifying it as such.

The answer denies any liability for either trademark infringement...

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